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The People v. David Cornelius Boult

July 2, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
DAVID CORNELIUS BOULT, DEFENDANT AND APPELLANT.



(Super. Ct. No. 10F07876)

The opinion of the court was delivered by: Robie , Acting P. J.

P. v. Boult

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury found defendant David Cornelius Boult guilty of two counts of possession of a firearm by a convicted felon. In a bifurcated proceeding, he admitted that he had suffered two strike convictions and had served three prior prison terms. The trial court dismissed one strike pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. Defendant was sentenced to state prison for 10 years 4 months, consisting of six years on one count; one year four months on another count; and three years for the prior prison terms. He was awarded 393 days' custody credit and 196 days' conduct credit.*fn1

On appeal, defendant contends: (1) the trial court erred by failing to instruct the jury sua sponte on the accomplice corroboration rule; and (2) his convictions are not supported by substantial evidence. We affirm.

FACTS

While on duty on the evening of April 23, 2010, Sacramento County Sheriff's Deputy Steve LeCouve observed a car roll through a stop sign about 15 miles per hour. LeCouve pursued the car as it travelled at 40 miles per hour in a 25-miles-per-hour zone and rolled through two more stop signs. Then LeCouve effected a traffic stop of the car.

Deputy LeCouve approached the stopped car and asked the driver for his license. LeCouve noted that five people were in the car: the driver, a male; in the front seat, an adult female (later identified as Brianne Knight); in the rear left seat, a male (identified as defendant); in the rear center seat, a female juvenile (later identified as 15-year-old Kattie O.); and in the rear right seat, another male.

Deputy LeCouve immediately noticed that defendant was very fidgety. Defendant initially claimed that he had no identification. Then he kneeled on the backseat and spun around in order to face LeCouve. This behavior made LeCouve nervous so he unholstered his gun and told defendant to display his hands. Defendant reached down the front of his pants, which alarmed LeCouve. After LeCouve again demanded to see defendant's hands, defendant raised his hands and produced his identification.

Deputy LeCouve walked backwards to his patrol car while closely watching defendant. In LeCouve's experience, furtive movements and actions of the sort displayed by defendant generally mean that a suspect is trying to conceal or retrieve an object. LeCouve requested backup units and indicated that he intended to search the stopped car. At that point, defendant was still "ducking," "dipping," "bouncing around, twisting around, looking in both directions," which made LeCouve "quite nervous." Because other sheriff's units were still some distance away, LeCouve requested assistance from Elk Grove Police Department officers who were closer to his location.

At this point, defendant got out of the car despite Deputy LeCouve's shouted command to remain inside. LeCouve pointed his gun at defendant and ordered him to get back in the car while keeping his hands in view. Defendant did not comply; he looked at LeCouve, said, "I got to go," and then ran across the five traffic lanes of Calvine Road and headed toward Vintage Park Drive where LeCouve lost sight of him.

Deputy LeCouve remained at the scene of the traffic stop, holding the remaining occupants of the car at gunpoint while awaiting the arrival of other law enforcement units. A Sacramento Police Department helicopter joined the search for defendant. After other units arrived, the people in the car were ordered out at gunpoint. LeCouve immediately entered the rear passenger compartment, examined the area where defendant had been sitting, found ammunition on the floor, and saw the butt of a revolver protruding from under the driver's seat. When examined, the revolver was ...


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